Mississippi Today
Will state’s justices sign off on challenge to separate Jackson court district?
Mississippi Supreme Court Justices heard arguments Thursday that will help them decide the constitutionality of House Bill 1020 – the controversial law that places appointed judges in Hinds County and sets up a separate court system within Jackson.
Attorneys for a lawsuit challenging HB 1020 say it violates the Mississippi Constitution by preventing county residents from electing circuit court judges, and that the Capitol Complex Improvement District court created by the law doesn’t meet constitutional requirements.
The state’s attorneys say no constitutional issues exist and that a lower court’s ruling dismissing the lawsuit should stand.
“This simply boils down to policy disagreement,” said Solicitor General Scott Stewart, who is representing the attorney general and governor.
Cliff Johnson, an attorney for the appellants from the MacArthur Justice Center, said there are limited exceptions of when circuit court judges are not elected by the people, such as when the governor appoints someone if the judge is disqualified or unable to serve.
He argued that state statute has been used to appoint judges, including during the COVID-19 pandemic, but appointing temporary judges alongside elected ones in Hinds County is not constitutional.
Stewart said an appointed judge is not the same as an elected circuit judge, so they don’t have to be elected nor do they receive the same protections given to circuit court judges.
HB 1020 has been discussed as a response to addressing a court backlog in Hinds County, but Johnson said the law makes no claim that a crowded docket exists. Regardless, the reason for the law doesn’t matter because the circumstances don’t justify the actions the Legislature is taking – even in an emergency situation.
“This is exactly the type of situation we should be careful of,” Johnson said.
He noted that the Legislature can address an overcrowded docket without violating the constitution and taking away Hinds County residents’ ability to elect judges, such as by
adding elected judges or having the county court help. The Supreme Court can also play a role, Johnson said.
A “far reaching” implication for siding with the state would be taking power away from Hinds County voters and giving it to the Legislature, Johnson said, and he wondered what precedent would be set for its ability to approve appointed judges in other circumstances.
Another topic raised during oral arguments was about the legitimacy of the Capitol Complex Improvement District court.
State constitution places limits on inferior courts created by the Legislature, including requirements that the court be supervised by another and they have the ability to appeal, which the appellants argue is not the case for the CCID court.
Stewart argued the CCID court resembles a municipal court and meets constitutional requirements, including the ability to appeal.
Justice James Kitchens asked where in HB 1020’s language does it address that the CCID court appealability, and Stewart replied that existing state law for municipal courts grants the right for appeals to the county court.
Kitchens asked whether municipal courts currently operate like the CCID court, including having the power to send people charged with misdemeanors to the Central Mississippi Correctional Facility.
Justice David Ishee, a former municipal judge, said the requirement is for the court to sentence those charged with misdemeanors to a county jail.
Absent from the oral arguments was Chief Justice Michael Randolph, who recused himself Monday from the appeal because he is a named party in the lawsuit.
HB 1020 directs Randolph to appoint four judges to a Capitol Complex Improvement District court within the Hinds County circuit court. The law was set to go into effect July 1, but it has been paused in another lawsuit in federal court.
During oral arguments, his attorney Mark Nelson said the chief justice’s only interest is to protect his office and the court as an institution.
Nelson said Hinds Chancery Judge Dewayne Thomas and U.S. District Court Judge Henry Wingate were correct to remove Randolph from the lawsuit being appealed and a separate federal one on the basis of judicial immunity, which is the idea that judges can’t be sued for doing their jobs.
Nelson said appointments are a judicial act covered by immunity. Stewart, the attorney for the state, told the justices to think about the consequences of their ruling, which could mean that the chief justice can’t make any appointments and that past ones could be ruled invalid.
Johnson said the judicial immunity doctrine applies to protection from liability for monetary damages, but not for lawsuits seeking prospective relief such as declaratory or injunctive relief.
Dorothy Triplett, one of the three Jackson women who are appellants in the case, said today was the first time she had ever visited the Mississippi Supreme Court, and she didn’t expect the lawsuit she joined to go so far.
“I just know I believe in the right to vote and elect judges as stated in the constitution,” she said after the oral arguments.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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Crooked Letter Sports Podcast
Podcast: Ohio State won it all, but where would Ole Miss have been with Quinshon Jundkins?
Lots to talk about on the days after the national championship game, but in Mississippi, especially in Oxford, much of the talk is about what might have been had Judkins stayed at Ole Miss. Also, the Clevelands discuss Egg Bowl basketball, the grueling SEC schedule, the NFL playoffs, and John Wade’s saga at Southern Miss.
Stream all episodes here.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
With EPA support, the Corps is moving forward with the Yazoo Pumps
Barring any legal challenge, it appears the South Delta is finally getting its pumps.
The U.S Army Corps of Engineers announced last Friday it’s moving forward with an altered version of the Yazoo Pumps, a flood relief project that the agency has touted for decades. The project now also has the backing of the Environmental Protection Agency, whose veto killed a previous iteration in 2008 because of the pumps’ potential to harm 67,000 acres of valuable wetland habitat.
In a Jan. 8 letter, the EPA wrote that proposed mitigation components — such as cutting off the pumps at different points depending on the time of year, as well as maintaining certain water levels for aquatic species during low-flow periods — are “expected to reduce adverse effects to an acceptable level.”
South Delta residents have called for the project to be built for years, especially after the record-setting backwater flood in 2019. State lawmakers from the area rejoiced over last week’s news.
“It’s been a long time coming,” said Sen. Joseph Thomas, D-Yazoo City, explaining that most in his district support the pumps. “I’m sure there are some minuses and pluses (to the project), but by and large I think it needs to happen.”
Sen. Briggs Hopson, R-Vicksburg, recalled that almost half of his district was underwater in 2019.
“I’m very pleased that the Corps has issued this (decision),” Hopson told Mississippi Today on Tuesday.
Before the Corps’ latest proposal, the future of the pumps was in limbo for several years. Under President Trump’s first administration, the EPA in 2020 said the 2008 veto no longer applied to the proposal because of Corps research suggesting that the wetlands mainly relied on water during the winter months — a less critical period for the agriculture-dependent South Delta — to survive, and that using the pumps during the rest of the year would still allow the wetlands to exist.
The EPA then restored the veto under President Biden’s administration. But in 2023, the Corps agreed to work with the EPA on flood-control solutions which, as it turned out, still included the pumps.
While the public comment period is over and the project appears to be moving forward, the Corps has yet to provide a cost estimate for the pumps, which are likely to cost at least hundreds of millions of dollars. A 19,000 cubic-feet-per second, or cfs, pumping station in Louisiana cost roughly $1 billion to build over a decade ago, and the Corps is proposing a 25,000 cfs station for the South Delta.
Corps spokesperson Christi Kilroy told Mississippi Today that the project will move onto the engineering and design phase, during which the agency will come up with a price estimate. Mississippi Today asked multiple times if it’s unusual to wait until after the public has had a chance to comment to provide an estimate, but the agency did not respond.
Under the project’s new design, the pumps will turn on when backwater reaches the 90-foot elevation mark anytime during the designated “crop season” from March 25 to Oct. 15. During the rest of the year, the Corps will allow the backwater to reach 93 feet before pumping.
In last Friday’s decision, the Corps wrote that the project would have “less than significant effects (on wetlands) due to mitigation.” The project’s mitigation includes acquiring and reforesting 5,700 acres of “frequently flooded” farmland to compensate for wetland impacts.
In a statement sent to Mississippi Today, the EPA said that the “higher pumping elevations” — the Corps’ previous proposal started the pumps at 87 feet — and the “seasonal approach” to pumping will reduce the wetlands impact.
However conservationists, including a group of former EPA employees, are not convinced. The Environmental Protection Network, a nonprofit of over 650 former EPA employees, wrote in August that the latest proposed pumping station “has the potential to drain the same or similar wetlands identified in the 2008 (veto) and potentially more.”
“Similar to concerns EPA identified in the 2008 (veto)… EPN’s concerns with the potential adverse impacts of this version of the project remain,” the group wrote.
A coalition of other groups — including Audubon Delta, Earthjustice, Healthy Gulf and Mississippi Sierra Club — remain opposed to the project, arguing that hundreds of species rely on the wetlands during the “crop season” for migration, breeding and rearing.
“This action is a massive stain on the Biden Administration’s environmental legacy and undermines EPA’s own authority to protect our nation’s most important waters,” the coalition said in a statement last Friday.
When asked about potential legal challenges to the Corps’ decision, Audubon Delta’s policy director Jill Mastrototaro told Mississippi Today via email: “This project clearly violates the veto as we’ve documented in our comments. We’re carefully reviewing the details of the announcement and all options are on the table.”
In addition to the pumps, the project includes voluntary buyouts for those whose properties flood below the 93-foot mark, which includes 152 homes.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1906
Jan. 22, 1906
Pioneer aviator and civil rights activist Willa Beatrice Brown was born in Glasgow, Kentucky.
While working in Chicago, she learned how to fly and became the first Black female to earn a commercial pilot’s license. A journalist said that when she entered the newsroom, “she made such a stunning appearance that all the typewriters suddenly went silent. … She had a confident bearing and there was an undercurrent of determination in her husky voice as she announced, not asked, that she wanted to see me.”
In 1939, she married her former flight instructor, Cornelius Coffey, and they co-founded the Cornelius Coffey School of Aeronautics, the first Black-owned private flight training academy in the U.S.
She succeeded in convincing the U.S. Army Air Corps to let them train Black pilots. Hundreds of men and women trained under them, including nearly 200 future Tuskegee Airmen.
In 1942, she became the first Black officer in the U.S. Civil Air Patrol. After World War II ended, she became the first Black woman to run for Congress. Although she lost, she remained politically active and worked in Chicago, teaching business and aeronautics.
After she retired, she served on an advisory board to the Federal Aviation Administration. She died in 1992. A historical marker in her hometown now recognizes her as the first Black woman to earn a pilot’s license in the U.S., and Women in Aviation International named her one of the 100 most influential women in aviation and space.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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